SB 509-FN - AS INTRODUCED

 

2016 SESSION

16-2912

03/04

 

SENATE BILL 509-FN

 

AN ACT relative to voter registration forms and relative to voter identity verification.

 

SPONSORS: Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Bradley, Dist 3; Rep. Hoelzel, Rock. 3; Rep. Schroadter, Rock. 17; Rep. P. McCarthy, Hills. 29; Rep. Hinch, Hills. 21

 

COMMITTEE: Public and Municipal Affairs

 

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ANALYSIS

 

This bill:

 

I.  Modifies the voter registration form.

 

II.  Changes the procedure for investigating new voters who do not confirm their status after receiving letters of identity verification.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2912

03/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT relative to voter registration forms and relative to voter identity verification.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Voter Registration Form.  Amend RSA 654:7, IV to read as follows:

IV.(a)  [A] Standard registration application [form] forms shall be used throughout the state.  The registration [form] forms shall be no larger than 8 1/2 inches by 11 inches.

(b)  The secretary of state shall prescribe the form of the voter registration form to be used for voter registrations, transfers, or updates other than those at the polling place on the date of a state general election, which shall be in substantially the following form:

___  NEW REGISTRATION I am not registered to vote in New Hampshire

___  TRANSFER I am registered to vote in New Hampshire and have moved my voting domicile to a new town or ward in New Hampshire

___  NAME CHANGE/ADDRESS UPDATE I am registered to vote in this town/ward and have changed my name/address

Date _________________

VOTER REGISTRATION FORM

(Please print or type)

1.  Name _________________________________________________________________________

Last (suffix) First Full Middle Name

2.  Domicile Address _______________________________________________________________

Street Ward Number

__________________________________________________________________________________

Town or City Zip Code

3.  Mailing Address if different than in 2 ____________________________________________

Street

__________________________________________________________________________________

Town or City Zip Code

4.  Place and Date of Birth _________________________________________________________

Town or City State

Date_________________

5.  Are you a citizen of the United States?  Yes _____ No _____

If a naturalized citizen, give name of court where and date when naturalized __________________________________________________________________________________

6.  Place last registered to vote _____________________________________________________

Street Ward Number

7.  Name under which previously registered, if different from above

_______________________________________________________________________________

8.  Party Affiliation (if any) ______________________________________________________

9.  Driver’s License Number __________________________State ______________________

If you do not have a valid driver’s license, provide the last four digits of your social security number ____________

My name is ____________________.  I am today registering to vote in the city/town of ____________________, New Hampshire.

I understand that to vote in this [city/town] ward/town, I must be at least 18 years of age, I must be a United States citizen, and I must be domiciled in this [city/town] ward/town.

I understand that a person can claim only one state and one city/town as his or her domicile at a time.  A domicile is that place, to which upon temporary absence, a person has the intention of returning.  By registering or voting today, I am acknowledging that I am not domiciled or voting in any other state or any other city/town.

[In declaring New Hampshire as my domicile, I am subject to the laws of the state of New Hampshire which apply to all residents, including laws requiring a driver to register a motor vehicle and apply for a New Hampshire’s driver’s license within 60 days of becoming a resident.]

In declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state or federal elections in another state.

If I have any questions as to whether I am entitled to vote in this city/town, I am aware that a supervisor of the checklist is available to address my questions or concerns.

I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-stated city/town, and, if registering on election day, that I have not voted and will not vote at any other polling place this election.

____________________   ___________________________________________________

Date Signature of Applicant

In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000.  Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.

(c)  The secretary of state shall prescribe the form of the voter registration form to be used only for voter registrations, transfers, or updates at the polling place on the date of a state general election, which shall be in substantially the following form:

___  NEW REGISTRATION I am not registered to vote in New Hampshire

___  TRANSFER I am registered to vote in New Hampshire and have moved my voting domicile to a new town or ward in New Hampshire

___  NAME CHANGE/ADDRESS UPDATE I am registered to vote in this town/ward and have changed my name/address

Date _________________

VOTER REGISTRATION FORM

FOR USE AT THE POLLING PLACE ON THE DATE OF THE STATE GENERAL ELECTION

(Please print or type)

1.  Name _________________________________________________________________________

Last (suffix) First Full Middle Name

2.  Domicile Address _______________________________________________________________

Street Ward Number

__________________________________________________________________________________

Town or City Zip Code

3.  Mailing Address if different than in 2 ____________________________________________

Street

__________________________________________________________________________________

Town or City Zip Code

4.  Place and Date of Birth _________________________________________________________

Town or City State

Date_________________

5.  Are you a citizen of the United States?  Yes _____ No _____

If a naturalized citizen, give name of court where and date when naturalized __________________________________________________________________________________

6.  Place last registered to vote _____________________________________________________

Street Ward Number

7.  Name under which previously registered, if different from above

________________________________________________________________________________

8.  Party Affiliation (if any) ______________________________________________________

9.  Driver’s License Number __________________________State ______________________

If you do not have a valid driver’s license, provide the last four digits of your social security number ______________

My name is ____________________.  I am today registering to vote in the city/town of ____________________, New Hampshire.

I understand that to vote in this [city/town] ward/town, I must be at least 18 years of age, I must be a United States citizen, and I must be domiciled in this [city/town] ward/town.

I understand that a person can claim only one state and one city/town as his or her domicile at a time.  A domicile is that place, to which upon temporary absence, a person has the intention of returning.  By registering or voting today, I am acknowledging that I am not domiciled or voting in any other state or any other city/town.

[In declaring New Hampshire as my domicile, I am subject to the laws of the state of New Hampshire which apply to all residents, including laws requiring a driver to register a motor vehicle and apply for a New Hampshire’s driver’s license within 60 days of becoming a resident.]

In declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state or federal elections in another state.

If I have any questions as to whether I am entitled to vote in this city/town, I am aware that a supervisor of the checklist is available to address my questions or concerns.

I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-stated city/town, and, if registering on election day, that I have not voted and will not vote at any other polling place this election.

____________________   ___________________________________________________

Date Signature of Applicant

If this form is used in place of proof of identity, age, citizenship, or domicile, I hereby swear that such information is true and accurate to the best of my knowledge.

This form was executed for purposes of proving (applicant shall circle yes or no and initial each item):

Identity yes/no _____

(initials)

Citizenship yes/no _____

(initials)

Age yes/no _____

(initials)

Domicile yes/no _____

(initials)

______________________________________ ____________________________

Applicant Election Official

________________________________

Notary Public/Justice of the Peace/Official Authorized by RSA 659:30

In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000.  Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.

2  Letters of Identity Verification.  RSA 659:13, IV(b) is repealed and reenacted to read as follows:

(b)  The secretary of state shall prepare a list of voters for any letters mailed pursuant to subparagraph (a) that are returned as undeliverable by the United States Post Office and voters who were mailed letters under subparagraph (a) and have not responded to the secretary of state.  The secretary of state shall work with city and town clerks and supervisors of the checklist to determine which names on the list belong to legal voters.  The secretary of state shall forward the names on the list that are not determined to belong to legal voters to the attorney general for investigation.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

16-2912

1/7/16

 

SB 509-FN- FISCAL NOTE

 

AN ACT relative to voter registration forms and relative to voter identify verification.

 

 

FISCAL IMPACT:

The Department of State, Department of Justice, and New Hampshire Municipal Association state this bill, as introduced, will have an indeterminable impact on state expenditures and may increase local expenditures by an indeterminable amount in FY 2017 and each year thereafter.  There will be no fiscal impact to state, county, and local revenue or county expenditures.  

 

METHODOLOGY:

The Department of State states this bill makes changes to the voter registration form and changes the verification process of voters who filled out an affidavit to vote by including town clerks.  Before the names of voters who do not respond to a verification mailing are submitted to the Department of Justice for investigation, the Department of State will work with town and city clerks to determine which of those voters are qualified to vote.  The names of those voters where a determination cannot be made will be forwarded to the Department of Justice.  The Department of State states it may experience an increase in staff time devoted to the verification process.  The Department of State states the Department of Justice may realize a reduction in its workload.

 

The Department of Justice states it does not know how many referrals it would receive for investigation.  The Department states it does not currently have sufficient staff to conduct the requisite investigations.  The Department states it is difficult to estimate how many temporary full-time investigators and paralegals would be needed to implement this bill.  The standard starting salaries for a full-time investigator and a full-time paralegal are approximately $99,000 and $68,000 respectively.  

 

The New Hampshire Municipal Association states this bill requires the Department of State to work with local election officials to determine which names on the list belong to legal voters.  Under current law, local election officials are not involved in the process.  Consequently, this bill would require additional staff time which could result in increased expenditures at the local level.